DOCUMENTS 
DEPT. 


REPORT  OF  THE  COMMISSION 


FOR  THE  PURPOSE   OF 


Examining  the  Torrens  Land  Transfer 
Act  of  Australia, 


TO    THE 


SENATE    AND    ASSEMBLY 


THIRTY-FIRST  SESSION  OF  THE  LEGISLATURE  OF  THE  STATE  OF  CALIFORNIA, 


SACRAMENTO: 

STATE  OFFICE,  :  :  :  :   :  A.  j.  JOHNSTON,  SUPT.  STATE  PRINTING. 

1895. 


CONTENTS. 


Officers Sections    1  to   4 

Bringing  land  under  Act _ ...Sections   5  to  27 

The  register  of  titles Sections  28  to  31 

Effect  of  registration _ _ _ Sections  32  to  41 

Transfer _ _ Sections  42  to  52 

Mortgages,  leases,  and  other  charges _ Sections  53  to  60 

Attorneys  in  f  act Section  61 

Trusts,  conditions,  and  limitations __ _ Sections  62  to  6& 

Estates  in  probate,  in  insolvency,  and  in  equity  proceeding Sections  66  to  69 

Tax  sales Sections  70  to  75 

Lis  pendens;  notice  of  action Sections  76  to  77 

Liens,  executions  attachments,  etc... i , ..Sections  78  to  82 

Correction  of  errors  in  certificate _ Sections  83  to  85 

Eminent  domain _ _ Section  86 

Indices ..Sections  87  to  88 

Miscellaneous ...Sections  89  to  93^ 

Penalties _ _ Sections  94  to  96 

Fees _ _. Section  97 

Construction  _ .  ...  Section  9& 


REPORT. 


SACRAMENTO,  January  15,  1895. 

To  the  Senate  and  Assembly  of  the   Thirty-first  Session  of  the  Legislature 
of  the  State  of  California: 

The  Commission  appointed  by  the  Governor  in  accordance  with  the 
provisions  of  an  Act  of  the  thirtieth  session  of  the  Legislature  (Laws 
of  1893,  page  121)  to  report  to  the  thirty-first  session  of  the  Legisla- 
ture on  the  Torrens  Land  Transfer  Act  of  Australia  has  completed  its 
work,  and  reports  as  follows: 

Under  the  terms  of  the  Act  creating  the  Commission,  the  purposes  of 
the  same  were  stated  to  be  that  "  of  examining  the  methods  of  land 
transfer  and  registration  as  existing  under  the  Torrens  Land  Transfer 
Act  of  Australia,  and  of  preparing  a  system  for  the  State  of  California 
in  accordance  with  said  Act,  and  of  reporting  the  same  with  an  opinion 
thereon." 

This  system  of  land  transfer  was  proposed  by  Sir  Robert  Torrens, 
Bart.,  and  came  into  operation  in  South  Australia  in  1856.  The  chief 
benefit  of  the  system  is  the  indefeasible  nature  of  the  title  obtained,  to- 
gether with  the  speed,  certainty,  and  low  cost  of  transfer;  and  modifica- 
tions of  the  original  Act  have  been  in  operation  since  1861  in  Queensland, 
since  1862  in  Victoria  and  also  in  New  South  Wales,  since  1863  in 
Tasmania,  since  1870  in  New  Zealand  and  British  Columbia,  since  1874 
in  Western  Australia,  and  since  1885  in  Ontario  and  Manitoba.  The 
Torrens  Land  Transfer  system  has  been  thoroughly  and  successfully 
tried,  and  the  laws  creating  the  same  have  never  been  repealed  in  the 
countries  where  it  has  been  adopted. 

Commissions  similar  to  the  present  one  have  been  appointed  in  the 
States  of  Massachusetts,  Ohio,  Iowa,  and  Illinois;  and  have  recom- 
mended to  the  Legislatures  of  their  respective  States  the  passage  of  Acts 
similar  to  the  one  herewith  presented. 

One  of  the  essential  features  of  all  these  Acts  is  the  creation  of  an 
officer  termed  a  Registrar  of  Titles,  with  judicial  power  to  pass  finally 
and  conclusively  upon  the  title  to  land,  not  only  upon  the  original  ap- 
plication for  bringing  it  within  the  provisions  of  the  Act,  but  also  upon 
subsequent  transfer  or  transmission  of  said  property. 

In  the  opinion  of  the  Commission,  this  feature  of  the  Act  was  subject 
to  two  very  serious  if  not  insuperable  objections:  first,  by  reason  of  the 
provision  of  the  Constitution  of  our  State  (Art.  6,  Sec.  5),  that  "the 

330743 


4  REPORT    OF   TOBRENS   LAND    COMMISSION. 

Superior  Court  rshall  have  original  jurisdiction  in  all  cases  in  equity,  and 
in  all  cases  at  law  which  involve  the  title  to  possession  of  real  property 
the  Registrar  of  Titles  could  not  be  clothed  with  judicial  power;  second^ 
because  of  the  very  large  number  of  salaried  officers  which  already 
exist  under  our  State  and  county  governments,  it  seems  to  the  Commis- 
sion ill-advised  to  create  additional  officers.  The  first  of  these  objections 
we  believe  has  been  overcome  by  providing  that  applications  for  bring- 
ing land  under  the  operation  of  this  Act  shall  be  made  to  our  Superior 
Courts  in  proceedings  similar  to  our  present  action  to  quiet  title;  the 
second,  by  providing  that  County  Recorders  shall  be  ex  officio  Regis- 
trars of  Titles  without  additional  compensation. 

We  have  also  deemed  it  desirable  to  make  the  operation  of  the  Act 
optional,  so  that  no  land  owner  may  be  compelled  to  avail  himself  of  the 
privileges  of  the  statute.  If  adopted  the  new  system  will  go  hand  in 
hand  with  the  old,  and  therefore  the  change  will  be  gradual,  so  that  no 
disturbance  of  existing  titles  may  be  apprehended. 

The  majority  of  the  Commission  submit  the  accompanying  Act,  which 
ig  a  modified  form  of  the  Torrens  Land  Transfer  Act.  They  have 
adapted  the  system  to  the  existing  laws  of  the  State,  and  believe  the 
constitutional  objections  to  have  been  avoided.  At  the  same  time  it  is 
submitted  with  the  full  consciousness  of  the  fact  that  the  proposed  sys- 
tem is  a  new  departure  from  the  old,  and  that  this  report  should  receive 
careful  consideration,  and,  perhaps,  revision  by  the  Judiciary  Commit- 
tees before  its  adoption,  which  is  hereby  recommended. 

Respectfully  submitted. 

EDSON  F.  ADAMS. 
ROBT.  N.  BULLA. 
BART  BURKE. 
ELLIOTT  MCALLISTER. 


AN   ACT 

FOR  THE 

CERTIFICATION  OF  LAND  TITLES  AND  THE  SIMPLIFICATION 
OF  THE  TRANSFER  OF  REAL  ESTATE. 


The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

COUNTY    RECORDERS    EX    OFFICIO    REGISTRARS. 

SECTION  l.    Recorders  to  be  Registrars. 

SECTION  1.  Recorders  and  ex  officio  Recorders  in  the  several  counties 
of  this  State  shall  be  Registrars  of  Titles,  in  their  respective  counties, 
and  their  deputies  shall  be  Deputy  Registrars.  Such  officers  and  their 
deputies  shall  receive  no  additional  compensation  for  services  rendered 
as  Registrars  or  Deputy  Registrars,  but  all  laws  relative  to  Recorders  and 
their  deputies,  including  their  compensation,  clerk  hire,  and  expenses, 
shall  extend  to  Registrars  and  their  deputies,  so  far  as  the  same  may  be 
applicable.  Registrars  of  Titles  shall  be  county  officers  within  the 
meaning  of  the  laws  of  the  State. 

SECTION  2.    Bonds  of  Recorders  to  cover  their  duties  as  Registrars. 

SEC.  2.  The  official  bonds  now  required  by  law  to  be  given  by  Record- 
ers and  ex  officio  Recorders  before  entering  upon  the  discharge  of  their 
duties,  shall  also  apply  to  and  cover  the  faithful  discharge  of  their 
duties  as  Registrars,  whether  such  additional  condition  be  specifically 
provided  for  in  such  bonds  or  not. 

SECTION  3.    Deputies  may  act. 

SEC.  3.  Deputies  may  perform  any  and  all  duties  of  the  Registrar,  in 
the  name  of  the  Registrar,  and  the  acts  of  such  deputies  shall  be  held  to 
be  the  acts  of  the  Registrar. 

SECTION  4.    Registrar  and  deputy  not  to  practice  law. 

SEC.  4.  Registrars  and  Deputy  Registrars  are  prohibited  from  prac- 
ticing law,  or  acting  as  attorneys  or  counselors  at  law,  or  having  as  a 
partner  a  lawyer  or  any  one  who  acts  as  such,  or  from  acting  as  search- 
ers of  title  under  this  Act. 

BRINGING    LAND    UNDER    THE    ACT. 

SECTIONS.    Application   by  verined   petition;   character   of  applicant;   county   of 
application. 

SEC;  5.  Land  may  be  brought  under  the  operation  of  this  Act  by  the 
filing  with  the  County  Clerk  of  a  verified  petition  to  the  Superior  Court 
of  the  county  within  which  such  land  is  situated,  by  the  owner  of  any 


D  REPORT    OF   TORRENS    LAND    COMMISSION. 

estate  or  interest  in  such  land,  whether  legal  or  equitable  (other  than 
an  undivided  share  or  an  easement).  Persons  who  collectively  claim 
to  hold  the  entire  legal  estate  in  fee  simple  may  jointly  file  such  peti- 
tion. A  corporation  may  apply  by  its  authorized  agent,  an  infant 
by  his  guardian;  any  other  person  under  disability  by  his  guardian. 
Land  constituting  a  single  parcel  and  lying  partly  in  two  or  more 
counties  may  be  included  in  one  application,  which  may  be  made  in 
either  county  in  which  the  land  lies,  but  the  certificate  issued  therefor 
must  be  filed  with  the  Registrars  of  all  the  counties  within  which  such 
land  is  situate.  Two  or  more  contiguous  parcels  of  land  may  be  included 
in  one  application  if  owned  by  the  same  person  and  in  the  same  right. 

SECTION  6.    Contents  of  application. 

SEC.  6.     The  petition  shall  set  forth  substantially: 

(a)  The  name,  occupation,  and  place  of  residence  of  the  applicant, 
and  if  the  application  is  by  one  acting  in  behalf  of  another,  the  name 
and  place  of  residence  and  capacity  of  the  person  so  acting. 

(b)  Whether  the  applicant  (except  in  case  of  a  corporation)  is  mar- 
ried or  not,  and,  if  married,  the  name  and  residence  of  the  husband  or 
wife. 

(c)  The  description  of  the  land.      Only  contiguous  pieces  of  land 
shall  be  included  in  one  application. 

(d)  The  applicant's  estate  or  interest  in  the  same,  and  whether  the 
same  is  subject  to  an  estate  of  homestead. 

(e)  Whether  the  land  is  occupied  or  unoccupied,  and,  if  occupied,  the 
name  and  post  office  address  of  each  occupant,  and  what   estate   or 
interest  he  has  or  claims  in  the  land. 

(/)  Whether  the  land  is  subject  to  any  easement,  lien,  or  incum- 
brance,  and,  if  any,  the  name  and  post  office  address  of  each  holder 
thereof,  and  the  nature  and  amount  of  the  same,  and,  if  recorded,  the 
book  and  page  of  the  record. 

(g)  Whether  any  other  person  has  any  estate  or  claims  any  interest 
in  the  land,  in  law  or  equity,  in  possession,  remainder,  reversion,  or 
expectancy,  and,  if  any,  th'e  name  and  post  office  address  of  every  such 
person,  and  the  nature  of  his  estate  or  claim. 

(h)  The  names  and  post  office  addresses  of  all  the  owners  of  the 
adjoining  lands, -so  far  as  he  is  able,  upon  diligent  inquiry,  to  ascertain 
the  same. 

(i)  If  the  applicant  is  a  male,  that  he  is  of  the  full  age  of  twenty-one 
years;  if  a  female,  that  she  is  of  the  full  age  of  eighteen  years.  If  the 
application  is  on  behalf  of  a  minor,  the  age  of  such  minor  shall  be 
stated.  If  the  application  is  by  a  husband  or  wife,  and  the  property  is 
community  property,  the  petition  must  so  state  and  both  spouses  must 
join  therein.  A  plat  or  plan  of  survey  of  the  land  made  by  the  County 
Surveyor  must  accompany  the  application,  and  i'f  said  land  is  a  part  of 
a  city,  town,  or  subdivision,  the  application  must  refer  to  the  book  and 
page  of  the  records  of  the  county  where  the  map  of  said  city,  town,  or 
subdivision  is  recorded,  if  at  all. 

Each  application  must  be  accompanied  by  an  abstract  of  the  title, 
verified  by  the  searcher  making  the  same,  as  required  in  proceedings  in 
partition,  or,  if  made  by  a  corporation  engaged  in  the  business  of  mak- 
ing and  certifying  abstracts  of  title,  then  in  lieu  of  the  affidavit  a  certifi- 
cate by  such  corporation,  under  its  seal,  shall  be  sufficient.  When  the 


REPORT    OF    TORRENS    LAND    COMMISSION.  7 

title  to  the  land  in  question  has  been  previously  determined  by  a  final 
decree  of  Court  of  competent  jurisdiction  such  abstracts  need  not  antedate 
such  decree  unless  required  by  the  Court  in  which  such  application  is  filed. 
No  person  or  corporation  shall  be  authorized  to  make  or  furnish  such 
abstracts  of  title  until  after  entering  into  an  undertaking  with  two  or 
more  sufficient  sureties  to  the  people  of  the  State  of  California  in  a  sum 
not  less  than  fifteen  thousand  dollars,  which  may  be  increased  from 
time  to  time  by  order  of  the  Court.  Such  bonds  shall  be  recorded  in 
the  record  of  official  bonds  in  the  Recorder's  office  of  the  county  and 
then  filed  in  the  County  Clerk's  office.  Said  bond  shall  be  conditioned 
to  pay  all  damages  and  costs  which  the  State  may  sustain  by  reason  of 
any  error  or  insufficiency  in  said  abstract.  The  sureties  on  such  bond 
shall  qualify  as  provided  in  section  ten  hundred  and  fifty-seven  of  the 
Code  of  Civil  Procedure,  and  the  sufficiency  of  the  bond  and  of  the  sure- 
ties thereon  shall  be  approved  by  a  Judge  of  the  Superior  Court  of  the 
county  where  such  bond  is  to  be  filed.  The  sureties  upon  such  bond 
may  become  severally  liable  in  portions  of  not  less  than  five  hundred 
dollars  each,  making  in  the  aggregate  at  least  two  sureties  for  the  whole 
sum.  Said  bond  shall  be  renewed  as  often,  at  least,  as  once  in  every 
period  of  three  years. 

SECTION  7.    Registration  of  fee  simple  must  precede  all  else. 

SEC.  7.  No  mortgage,  lien,  charge,  or  lesser  estate  than  a  fee  simple 
shall  be  registered  unless  the  fee  simple  to  the  same  land  is  first  registered. 

SECTION  8.    Registration  not  to  be  refused  because  of  incumbrance. 

SEC.  8.  It  shall  not  be  an  objection  to  bringing  land  under  this  Act, 
that  the  estate  or  interest  of  the  applicant  is  subject  to  any  outstanding 
lesser  estate,  mortgage,  lien,  or  charge;  but  every  such  lesser  estate, 
mortgage,  lien,  or  charge  shall  be  noted  upon  the  certificate  of  title  and 
the  duplicate  thereof,  and  the  title  or  interest  certified  shall  be  subject 
only  to  such  estates,  mortgages,  liens,  and  charges  as  are  so  noted,  except 
as  herein  provided. 

SECTION  9.    No  registration  based  on  tax  title  until  after  five  years  adverse  pos- 
session. 

SEC.  9.  No  title  derived  through  sale  for  any  tax  or  assessment  shall 
be  entitled  to  be  first  registered,  unless  it  shall  appear  to  the  satisfac- 
tion of  the  Court,  upon  the  hearing  of  the  application,  that  the  applicant, 
or  those  through  whom  he  claims  title,  have  been  in  the  open,  actual, 
continuous,  uninterrupted,  undisputed,  exclusive,  and  adverse  possession 
of  the  land  under  such  title  at  least  five  years,  and  have  paid  all  taxes 
and  assessments  legally  levied  thereon  for  five  successive  years. 

SECTION  10.    Amendment  to  application  verified. 

SEC.  10.  The  application  may  be  amended  only  by  petition  verified  as 
in  the  case  of  the  original.  Such  amendment  may  be  ordered  by  the 
Court  on  its  own  motion,  or  upon  the  motion  of  any  person  interested 
in  the  proceeding. 

SECTION  11.    Filing  of  application  to  be  notice  to  subsequent  purchasers. 

SEC.  11.  The  filing  of  the  application  in  the  office  of  the  County  Clerk 
shall  be  sufficient  notice  of  the  same  to  all  subsequent  purchasers  or  in- 
oumbrancers  without  the  filing  of  a  Us  pendens  in  the  office  of  the 
Recorder. 


8  REPORT    OF    TORRENS    LAND    COMMISSION. 

SECTION  12.    Court  to  return  application,  or  set  it  for  hearing. 

SEC.  12.  The  Court  shall  in  its  discretion  examine  the  abstract 
itself,  or  refer  the  same,  as  provided  in  section  seventeen  of  this  Act.  If 
it  shall  appear  to  the  Court,  from  an  examination  of  the  abstractor 
from  the  report  of  the  referee,  that  the  title  to  the  land  described  in  the 
application  is  substantially  as  alleged  by  the  applicant,  the  application 
shall  be  set  for  hearing,  otherwise  the  Court  may  order  the  application 
returned. 

SECTION  13.  Notice  of  hearing  to  be  given;  any  one  may  appear  and  object;  costs. 
SEC.  13.  When  the  time  and  place  for  hearing  the  application  is 
fixed  by  the  Court,  notice  thereof  shall  be  given  to  all  parties  interested,, 
as  shown  by  the  petition  and  the  abstract  or  referee's  report,  and  to 
the  husband  or  wife  of  the  applicant,  if  married,  in  the  same  manner 
as  the  service  of  a  summons  in  a  civil  action;  provided,  that  no  copy 
of  abstract  or  map  need  be  served  with  the  petition.  Any  person  inter- 
ested may  appear  and  object  to  the  granting  of  the  application,  and 
if  such  objection  is  sustained,  the  costs  of  the  same  shall  be  paid  by 
the  applicant;  if  hot,  by  the  person  so  objecting. 

SECTION  14.    Upon  the  hearing  the   Court  to  take   evidence  on  the   allegations  of 
petition;  and  may  adjourn  hearing. 

SEC.  14.  Upon  the  day  set  for  the  hearing  of  the  application,  or  at 
such  time  as  the  same  may  be  continued  to,  the  Court  shall  cause 
examination  to  be  made  into  the  applicant's  title  to  the  land  in  ques- 
tion, and  shall  hear  testimony  as  to  the  allegations  of  the  petition,  or 
of  any  objections  thereto;  and  if  any  defects  are  found  in  the  applica- 
tion, or  in  the  applicant's  title  to  the  land,  or  if  any  of  the  allegations 
of  the  petition  are  found  to  be  untrue,  or  any  objections  to  said  petition 
are  sustained,  the  Court  may  dismiss  such  application,  or  may  give  the 
applicant  such  further  time  as  the  Court  may  deem  reasonable,  before 
finally  passing  upon  his  application. 

SECTION*  15.  Decree  setting  forth  title  to  be  made  by  Court  on  granting  application. 
SEC.  15.  If  it  shall  be  made  to  appear,  to  the  satisfaction  of  the 
Court,  that  the  facts  stated  in  the  application  are  true,  and  that  the 
applicant  is  the  owner  of  the  land,  or  interested  therein,  as  set  forth  in 
the  petition,  the  Court  shall  duly  make,  give,  and  enter  a  decree  to  that 
effect,  which  said  decree  shall  contain  an  accurate  description  of  the 
property  in  question,  with  a  diagram  thereof,  and  also  shall  set  forth 
all  liens  and  incumbrances  on  said  land,  with  the  name  of  the  holder 
thereof,  and  the  nature,  amount,  and  order  of  the  same,  and,  if  recorded, 
the  book  and  page  of  the  record. 

SECTION  16.    Registrar  to  issue  Certificate  of  Title  upon  filing  of  certified  copy  of 
Decree. 

SEC.  16.  A  certified  copy  of  such  decree  shall  be  filed  in  the  office  of 
the  Registrar,  who  shall  thereupon  issue  a  certificate  of  title  to  the  per- 
son entitled  thereto  as  shown  by  said  decree,  and  shall  proceed  to  bring 
said  land  under  the  operation  of  this  Act,  as  herein  provided.  Said  cer- 
tificate shall  contain  the  description  of  the  property  set  forth  in  the 
decree,  and  shall  also  show  the  nature,  amount,  and  order  of  the  liens- 
thereon. 


REPORT    OF    TORRE  NS    LAND    COMMISSION.  9 

SECTION  17.    Court  to  appoint  referee;  compensation  of  searcher  and  of  referee. 

SEC.  17.  Upon  the  filing  of  the  petition  the  Court  may  appoint  a  ref- 
eree to  examine  and  report  upon  the  abstract  accompanying  the  same. 
Such  referee  shall  be  an  attorney  in  good  standing,  skilled  in  the  exam- 
ination of»  titles,  of  not  less  than  three  years'  practice  at  the  bar  of  the 
Court  so  appointing  him.  The  compensation  of  the  searcher  and  of  the 
referee  shall  be  fixed  by  the  Court,  or  agreed  upon' between  themselves 
and  the1  applicant,  and  shall  be  paid  by  the  applicant  as  a  part  of  the 
costs  of  the  proceeding. 

SECTION  18.    Written  opinion  of  referee  to  be  filed  before  decree  made. 

SEC.  18.  Whenever  such  abstract  shall  be  made  and  such  referee 
appointed,  no  decree  shall  be  entered  by  the  Court  until  the  written 
opinion  of  such  referee  shall  be  filed  in  the  proceeding,  showing  the 
nature  of  the  applicant's  title  in  the  land;  and  if  the  same  is  subject  to 
any  lesser  estate,  mortgage,  lien,  or  charge,  particularly  specifying  the 
same  and  the  priority  thereof.  The  estate  of  homestead  shall  be 
included  in  the  term  "  lesser  estate." 

SECTION  19.    Applicant  may  withdraw  application  upon  payment  of  fees  at  any 
time  prior  to  issuance  of  certificate  of  title. 

SEC.  19.  Any  applicant  may,  upon  payment  of  all  fees  due,  withdraw 
his  application  for  registration  at  any  time  prior  to  the  issuing  of  a  cer- 
tificate of  title;  and  upon  the  written  request  of  such  applicant  and  the 
order  of  the  Court,  the  Clerk  shall  return  to  the  applicant  all  abstracts 
of  title,  deeds,  and  other  instruments,  except  'depositions  or  affidavits 
deposited  by  him  for  the  purpose  of  supporting  his  application. 

SECTION  20.    On  transfer  of  interest  or  death  of  applicant,  proceedings  may  be  con- 
tinued. 

SEC.  20.  In  case  of  the  death  or  any  disability  of  the  applicant,  the 
Court,  on  motion,  may  allow  the  proceeding  to  be  continued  by  or 
against  his  representative  or  successor  in  interest.  In  case  of  any  other 
transfer  of  interest  the  proceeding  may  be  continued  in  the  name  of  the 
original  applicant,  or  the  Court  may  allow  the  person  to  whom  the 
transfer  is  made  to  be  substituted  in  the  proceeding. 

SECTION  21.    Registrar  to  keep  record  of  particulars  of  issuance. 

SEC.  21.  The  Registrar  shall  immediately,  upon  the  registration  of  any 
land,  make  an  entry  in  a  book  kept  by  him  for  that  purpose,  showing 
the  name  of  the  person  to  whom  the  certificate  was  issued,  its  number, 
the  day,  hour,  and  minute  of  its  issuance,  the  name  of  the  person  to 
whom  the  duplicate  certificate  was  delivered,  and  the  book  and  page 
where  the  original  certificate  is  entered  or  recorded. 

SECTION  22.    Certificate   of  title   to  be  in  duplicate;  its  contents;  original  to  be 
retained  by  Registrar. 

SEC.  22.  Every  first  and  subsequent  certificate  of  title  shall  be  in 
duplicate  and  numbered  consecutively  and  bear  date  the  year,  month, 
day,  hour,  and  minute  of  its  issue,  and  be  under  the  hand  and  official 
seal  of  the  Registrar,  one  copy  of  which  shall  be  retained  by  the  Regis- 
trar and  be  known  as  the  original,  and  the  other  shall  be  delivered  to 
the  owner,  or  person  acting  for  him,  and  be  known  as  the  duplicate.  It 
shall  state  whether  the  owner,  except  in  the  case  of  a  corporation, 
executor,  administrator,  assignee,  or  other  trustee,  is  married  or  not 


10  REPORT    OF    TORRENS   LAND    COMMISSION. 

married,  and  the  name  of  the  husband  or  wife.  If  the  owner  is  a 
minor  it  shall  state  his  age ;  if  under  any  other  disability,  the  nature 
of  the  disability.  If  issued  to  an  executor  or  administrator,  the  cer- 
tificate shall  show  the  name  of  the  deceased  testator  or  intestate;  if  to 
an  assignee  in  insolvency,  the  name  of  the  insolvent.  The*  Registrar 
shall  note  at  the  end  of  the  certificate,  original  and  duplicate,  in  such 
manner  as  to  show  and  preserve  their  priorities,  the  particulars  of  all 
estates,  mortgages,  liens,  incumbrances,  and  charges  to  which  the  own- 
er's title  is  subject. 

SECTION  23.    Form  of  certificate. 

SEC.  23.  No  particular  form  of  certificate  of  title  is  required,  but 
the  same  may  be,  subject  to  such  changes  as  the  case  may  require,  sub- 
stantially in  the  following  form: 

STATE  OF  CALIFORNIA,        ) 
County  of .  J    ' 

A.  B.  (state  occupation  and  residence,  giving  street  and  number)? 
State  of  California,  (if  an  administrator,  give  the  name  of  the  deceased; 
if  a  minor,  give  his  age;  if  under  other  disability,  state  its  nature),  mar- 
ried to  (name  of  husband  or  wife,  or  if  not  married  so  state),  is  the 
owner  of  an  estate  in  fee  simple  (or  as  the  case  may  be)  in  the  following 
land  (insert  description  contained  in  the  decree).  Subject,  however,  to 
the  estates,  easements,  liens,  incumbrances,  and  charges  hereunder 
noted.  (In  case  of  trust,  condition,  or  limitation,  say  "intrust,"  or 
"upon  condition,"  or  "with  limitation,"  as  the  case  may  be.) 

1.  Mortgage  to  C.  D.  for  the  sum  of  $ ,  dated  June  20,  1894,  pay- 
able two  years  after  date,  with  interest  at  per  cent  per  annum, 

interest  payable  semi-annually,  or  compounded. 

2.  Mechanic's  lien  in  favor  of  X.  Y.  for  $ ,  filed  September  24, 

1894. 

3.  Assessment  for  improvement  of  Girard  Street.     Amount  $ ,  due 

October  5,  1894. 

(Any  other  incumbrances  or  charges.) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  my 

official  seal  to  be  affixed,  this day  of  October,  189  . 

» 

Registrar  of  Titles  in  and  for  the  County  of ,  State  of  California. 

[SEAL.] 

SECTION  24.    Tenants  in  common  may  receive  each  a  certificate. 

SEC.  24.  In  all  cases  where  two  or  more  persons  are  entitled  as 
tenants  in  common  to  an  estate  in  registered  land,  such  persons  may 
receive  one  certificate  for  the  entirety,  or  each  may  receive  a  separate 
certificate  for  his  undivided  share. 

SECTION  25.  Registered  owner  may  consolidate  several  or  divide  up  one  certificate. 
SEC.  25.  Upon  the  application  of  any  registered  owner  of  land  held 
under  separate  certificates  of  title,  or  under  one  certificate,  and  deliver- 
ing up  of  such  certificate  or  certificates  of  title,  the  Registrar  may  issue 
to  such  owner  a  single  certificate  of  title  for  the  whole  of  such  land,  or 
several  certificates,  each  containing  a  portion  of  such  land,  in  accordance 
with  such  application,  and  as  far  as  the  same  may  be  done  consistently 


REPORT  OF  TORRENS  LAND  COMMISSION.  11 

with  any  regulations  at  the  time  being  in  force,  respecting  the  certifi- 
cates of  land  that  may  be  included  in  one  certificate  of  title;  and  upon 
issuing  any  such  certificate  of  title  said  Registrar  shall  indorse  on  the 
last  previous  certificate  of  title  of  such  land  so  delivered  up  a  memo- 
rila,  setting  forth  the  occasion  of  such  cancellation  and  referring  to  the 
volume  and.  folium  of  the  new  certificate  or  certificates  of  title  so  issued. 

SECTION  26.    Certificate  may  be  issued  by  order  of  Court  in  lieu  of  lost  duplicate; 
proceedings  therefor. 

SEC.  26.  In  the  event  of  a  duplicate  certificate  of  title  being  lost, 
mislaid,  or  destroyed,  the  owner  may  apply  to  the  Court  for  an  order 
upon  the  Registrar  to  issue  a  certified  copy  of  the  original  certificate  of 
registration.  Upon  the  hearing  of  such  application,  the  Court  may 
order  such  notice  to  be  given  to  such  persons,  and  for  such  time  as  it 
may  deem  proper.  If  the  Court  is  satisfied  that  the  applicant  is  the 
person  named  in  the  original  certificate  on  file  in  the  Registrar's  office, 
and  that  the  duplicate  certificate  has  been  lost,  mislaid,  or  destroyed, 
the  Court  shall  make  an  order  directing  the  Registrar  to  issue  a  certified 
copy  of  the-  original  certificate  to  the  applicant.  A  certified  copy  of 
such  order  shall  be  filed  in  the  Registrar's  office,  who  shall  thereupon 
issue  to  such  applicant  a  certified  copy  of  the  original  certificate,  with 
the  memorials  and  notations  appearing  upon  the  register,  and  shall 
note  upon  the  register  the  fact,  cause,  and  date  of  such  issue,  and  shall 
also  mark  upon  such  certified  copy:  "Owner's  certified  copy,  issued  in 
place  of  lost  (mislaid,  or  destroyed,  as  the  case  may  be)  certificate," 
and  such  certified  copy  shall  stand  in  the  place  of,  and  have  like  effect, 
as  the  missing  duplicate  certificate.  In  case  of  a  lost  certificate,  no  trans- 
fer of  the  land  shall  be  made  until  such  certified  copy  is  issued  by  the 
Registrar.  A  certified  copy  of  the  certificate  of  title  may  be  issued  by 
the  Registrar  for  use  as  evidence,  upon  the  receipt  by  him  of  an  order 
therefor  made  by  the  Court;  provided,  that  such  certified  copy  shall  have 
written  or  stamped  across  the  face  thereof  the  words  "for  use  as  evidence 
only."  The  issuance  of  such  certified  copy  and  the  purpose  thereof 
shall  also  be  noted  upon  the  original  certificate  by  the  Registrar. 

SECTION  27.    Change  of  name  or  of  description  to  be  noted  on  order  of  Court. 

SEC.  27.  If  an  owner's  name  or  description  is  incorrectly  registered, 
or  becomes  changed  (e.  g.  by  marriage,  adoption,  divorce,  etc.),  the 
Court,  upon  the  filing  of  an  application  and  proof  of  facts  in  the  manner 
set  forth  in  section  twenty-six  of  this  Act,  and  the  production  by  the 
owner  of  the  duplicate  certificate,  shall  order  the  Registrar  to  issue  a 
new  certificate,  with  such  changes  as  the  case  may  require. 

THE    REGISTER    OF    TITLES. 

SECTION  28.    Original   certificate   to   be   entered  in   register;   memorials  to  be   on 
latest  certificate. 

SEC.  28.  The  Registrar  shall  keep  a  book,  to  be  known  as  the  "  Reg- 
ister of  Titles,"  wherein  he  shall  enter  all  original  certificates  of  title, 
in  the  order  of  their  numbers,  with  appropriate  blanks  for  the  entry  of 
memorials  and  notations  allowed  by  this  Act.  Each  certificate,  with 
such  blanks,  shall  constitute  a  separate  folium  of  such  book.  All 
memorials  and  notations  that  may  be  entered  upon  the  register  under 
the  terms  of  this  Act  shall  be  entered  upon  the  folium  constituted  by 
the  last  certificate  of  title  of  the  land  to  which  they  relate. 


12  REPORT  OF  TORRENS  LAND  COMMISSION. 

SECTION  29.    Receipt  to  be  given  for  duplicate  certificate  on  its  issuance. 

SEC.  29.  Before  the  delivery  of  any  duplicate  certificate  of  title,  a 
receipt  for  it  shall  be  required  to  be  signed  by  the  owner.  Where  such 
receipt  is  signed  in  the  presence  of  the  Registrar  or  a  deputy,  it  shall  be 
witnessed  by  such  officer.  If  signed  elsewhere,  it  shall  be  acknowledged 
before  any  officer  authorized  to  take  acknowledgments  of  deeds. 

SECTION  30.    First  registration   deemed   complete   on  notation  of  original  entries 
upon  certificates. 

SEC.  30.  In  every  case  of  first  registration  of  land  or  an  estate  or 
interest  therein,  the  same  shall  be  deemed  to  be  registered  under  this 
Act,  when  the  Registrar  shall  have  marked  upon  the  certificate  of  title, 
in  duplicate,  the  volume  and  folium  of  the  register  in  which  the  original 
may  be  found. 

SECTION  31.    Transfer  complete   on  notation  upon  new  certificate;  other  dealings 
complete  on  notation;  registration  to  relate  back  to  filing  with  Registrar. 

SEC.  31.  Every  transfer  of  registered  land  shall  be  deemed  to  be 
registered  under  this  Act,  when  the  new  certificate  to  the  transferee 
shall  have  been  marked,  as  in  the  case  of  the  first  registration;  and  all 
other  dealings  shall  be  considered  as  registered  when  the  memorial  or 
notation  shall  have  been  entered  in  the  register  upon  the  folium  con- 
stituted by  the  existing  certificate  of  title  of  the  land.  But,  for  the 
protection  of  the  transferee  or  person  claiming  through  any  transfer 
or  dealing,  the  registration  shall  relate  back  to  the  time  of  filing  in  the 
Registrar's  office  the  deed,  instrument,  or  notice,  pursuant  to  which  the 
transfer  memorial  or  notation  is  made. 

EFFECT    OF    REGISTRATION. 

SECTION  32.    In  absence  of  fraud,  title  to  be  subject  only  to  noted  incumbrances; 
exceptions. 

SEC.  32.  The  registered  owner  of  any  estate  or  interest  in  land 
brought  under  this  Act  shall,  except  in  case  of  fraud  to  which  he  is  a 
party,  or  of  the  person  through  whom  he  claims  without  valuable  con- 
sideration paid  in  good  faith,  hold  the  same  subject  only  to  such  estates, 
mortgages,  liens,  charges,  and  interests  as  may  be  noted  in  the  last 
certificate  of  title  in  the  Registrar's  office,  and  free  from  all  others,  except: 

1.  Any  subsisting  lease  or  agreement  for  a  lease  for  a  period  not 
exceeding  one  year,  where  there  is  actual  occupation  of  the  land  under 
lease.     The  term  "  lease  "  shall  include  a  verbal  letting. 

2.  All   public   highways  embraced  in  the  description  of  the  lands 
included  in  the  certificate. 

3.  Any  subsisting  right  of  way  or  other  easement,  however  created, 
upon,  over,  or  in  respect  of  the  land. 

4.  Any  tax  or  special  assessment  for  which  a  sale  of  the  land  has  not 
been  had  at  the  date  of  the  certificate  of  title. 

5.  Such  right  of  action  or  claim  as  is  allowed  by  this  Act. 

SECTION  33.    No  adverse  possession  after  registration  possible. 

SEC.  33.  After  land  has  been  registered  no  title  thereto  adverse  or  in 
derogation  to  the  title  of  the  registered  owner  shall  be  acquired  by  any 
length  of  possession. 


REPORT    OF   TORRENS   LAND    COMMISSION.  13 

SECTION  34.    Presumption  of  good  faith  in  purchaser  of  registered  land. 

SEC.  34.  Except  in  case  of  fraud,  and  except  as  herein  otherwise 
provided,  no  person  taking  a  transfer  of  registered  land,  or  any  estate 
or  interest  therein,  or  of  any  charge  upon  the  same  from  the  registered 
owner,  shall  be  held  to  inquire  into  the  circumstances  under  which,  or 
the  consideration  for  which,  such  owner  or  any  previous  registered  owner 
was  registered,  or  be  affected  with  notice,  actual  or  constructive,  of  any 
unregistered  trust,  lien,  claim,  demand,  or  interest;  and  the  knowledge 
that  any  unregistered  trust,  lien,  claim,  demand,  or  interest  is  in 
existence  shall  not  of  itself  be  imputed  as  fraud. 

SECTION  35.    In  absence  of  fraud,  certificate  of  title  is  conclusive  evidence  in  suit 
for  specific  performance  of  contract  to  purchase. 

SEC.  35.  In  any  suit  for  specific  performance  brought  by  a  registered 
owner  of  any  land  under  the  provisions  of  this  Act  against  a  person 
who  may  have  contracted  to  purchase  such  land,  not  having  notice  of 
any  fraud  or  other  circumstances  which,  according  to  the  provisions  of 
this  Act,  would  affect  the  right  of  the  vendor,  the  certificate  of  title 
of  such  registered  owner  shall  be  held  in  every  Court  to  be  conclusive 
evidence  that  such  registered  owner  has  a  good  and  valid  title  to  the 
land,  and  for  the  estate  or  interest  therein  mentioned  or  described. 

SECTION  36.    In  ejectment  or  partition  suits,  certificate  is  conclusive  evidence. 

SEC.  36.  In  any  action  or  proceeding  brought  for  ejectment,  partition, 
or  possession  of  land,  the  certificate  of  title  of  a  registered  owner  shall 
be  held  in  every  Court  to  be  conclusive  evidence,  except  as  herein  other- 
wise provided,  that  such  registered  owner  has  a  good  and  valid  title  to 
the  land,  and  for  the  estate  or  interest  therein  mentioned  or  described, 
and  that  such  registered  owner  is  entitled  to  the  possession  of  said  land. 

SECTION  37.    The  register  to  be  received  as  evidence. 

SEC.  37.  The  register  of  any  land,  and  duly  certified  copies  thereof, 
shall,  except  as  herein  otherwise  provided,  be  received  in  law  and  in 
equity  as  evidence  of  the  facts  therein  stated,  and  as  conclusive  evidence 
that  the  person  named  therein  as  owner  is  entitled  to  the  land  for  the 
estate  or  interests  therein  specified. 

SECTION  38.    Memorial  to  be  noted  until  cancellation. 

SEC.  38.  Whenever  a  memorial  has  been  entered,  as  permitted  by  this 
Act,  the  Registrar  shall  carry  the  same  forward  upon  all  certificates  of 
title  until  the  same  is  cancelled  in  some  manner  authorized  by  this  Act. 

SECTION  39.    Dealings  subsequent  to  first  registration  subject  to  Act. 

SEC.  39.  All  dealings  with  land  or  any  estate  or  interest  therein,  after 
the  same  has  been  brought  under  this  Act,  and  all  liens,  incumbrances, 
and  charges  upon  the  same  subsequent  to  the  first  registration  thereof, 
shall  be  deemed  to  be  subject  to  the  terms  of  this  Act,  and  to  such 
amendments  and  alterations  as  may  hereafter  be  made. 

SECTION  40.    Five  years'  limitation  to  bringing  of  action  affecting  registered  land; 
incompetents  to  appear. 

SEC.  40.  No  person  shall  commence  any  action  at  law  or  in  equity 
for  the  recovery  of  land,  or  assert  any  interest,  right  in,  or  lien  or  demand 
upon  the  same,  or  make  entry  thereon  adversely  to  the  title  or  interest 


14  REPORT    OF    TORRENS   LAND    COMMISSION. 

certified  in  the  first  certificate  bringing  the  land  under  the  operation  of 
this  Act,  unless  within  five  years  after  the  first  registration.  It  shall 
not  be  an  exception  to  this  rule  that  the  person  entitled  to  bring  the 
action  or  make  the  entry  is  an  infant,  lunatic,  or  is  under  any  disabil- 
ity, but  action  may  be  brought  by  such  person  by  his  next  friend  or 
guardian.  It  shall  be  the  duty  of  the  guardian,  if  there  is  any,  to  bring 
action  in  the  name  of  his  ward  whenever  it  is  necessary  to  preserve  or 
enforce  the  ward's  rights  in  registered  land. 

SECTION  41.    Claim    to    arise   after   expiration   of  five   years  preserved  by  noting 
memorial;  proceedings  subsequent. 

SEC.  41.  Any  person  having  any  interest,  right,  title,  lien,  or  demand, 
whether  vested,  contingent,  or  inchoate,  in,  to,  or  upon  registered  land, 
which  existed  at  the  time  the  land  was  first  registered,  and  upon  or  for 
which  no  cause  of  action  shall  have  accrued  at  the  date  of  the  registra- 
tion of  the  land,  may,  prior  to  the  expiration  of  said  five  years  after 
such  registration,  file  in  the  Registrar's  office  a  notice,  under  oath,  set- 
ting forth  his  interest,  right,  title,  lien,  or  demand,  and  how  and  under 
whom  derived,  and  the  character  and  nature  thereof;  and  if  such 
claim  is  so  filed  an  action  may  be  brought  to  assert  or  recover  or  enforce 
the  same  at  any  time  within  one  year  after  the  right  of  action  shall  have 
accrued  thereon,  or  at  any  time  within  the  period  of  five  years  after  said 
first  registration,  and  not  afterwards.  It  shall  be  the  duty  of  a  life  tenant 
or  trustee  to  file  such  claim  on  behalf  of  any  remainderman  or  rever- 
sioner,  whether  the  remainder  or  reversion  be  at  the  time  vested  or  con- 
tingent, and  of  a  guardian  to  file  such  claim  on  behalf  of  his  ward. 

TRANSFERS. 

SECTION  42.    Title  passes  on  filing  of  deed  and  of  duplicate. 

SEC.  42.  A  registered  owner  of  land  desiring  to  transfer  his  whole 
estate  or  interest  therein,  or  some  distinct  part  or  parcel  thereof,  or  some 
undivided  interest  therein,  or  to  grant  out  of  his  estate  an  estate  for  life 
or  for  a  term  of  not  less  than  ten  years,  may  execute  to  the  intended 
transferee  a  deed  or  instrument  of  conveyance  in  any  form  authorized 
by  law  for  that  purpose.  And  upon  filing  such  deed  or  other  instrument 
in  the  Registrar's  office,  and  surrendering  to  the  Registrar  the  duplicate 
certificate  of  title,  the  transfer  shall  be  complete  and  the  title  so  trans- 
ferred shall  vest  in  the  transferee;  thereupon  the  Registrar  shall  issue  in 
duplicate  and  register,  as  hereinbefore  provided,  a  new  certificate,  certi- 
fying the  title  to  the  estate  or  interest  in  the  land  desired  to  be  conveyed 
to  be  in  the  transferee,  and  shall  note  upon  the  original  and  duplicate 
certificate  the  date  of  the  transfer,  the  name  of  the  transferee,  and  the 
volume  and  folium  in  which  the  new  certificate  is  registered,  and  shall 
stamp  across  the  original  and  surrendered  duplicate  certificate  the  word 
"  cancelled,"  in  whole  or  part,  as  the  case  may  be. 

SECTION  43.  New  certificate  to  issue  for  remainder,  if  but  a  parcel  be  transferred. 
SEC.  43.  When  only  a  part  of  the  land  described  in  a  certificate  is 
transferred,  or  some  estate  or  interest  in  the  land  is  to  remain  in  the 
transferer,  a  new  certificate  shall  be  issued  to  him  for  the  part,  estate,  or 
interest  remaining  in  him. 


REPORT    OF    TORRENS    LAND    COMMISSION.  15 

SECTION  44.    Time  of  filing  to  be  noted  on  instrument. 

SEC.  44.  The  Registrar  shall  mark  as  filed  every  deed,  mortgage,  lease, 
and  other  instrument  which  may  be  filed  in  his  office,  in  the  order  of  its 
receipt,  and  shall  note  thereon  at  the  date  of  filing  the  minute,  hour, 
day,  and  year  it  is  received.  When  the  date  of  filing  any  instrument  is 
required  to  be  entered  upon  the  register  it  shall  be  the  same  as  that 
indorsed  upon  such  instrument. 

SECTION  45.    Papers  filed  to  be  retained. 

SEC.  45.  All  instruments,  notices,  and  papers  required  or  permitted 
by  this  Act  to  be  filed  in  the  office  of  the  Registrar  shall  be  retained  and 
kept  in  such  office. 

SECTION  46.    Existing  forms  of  deeds  may  be  used. 

SEC.  46.  Like  forms  of  deeds,  mortgages,  leases,  and  other  instru- 
ments as  are  now  or  may  hereafter  be  sufficient  in  law  for  the  purpose 
intended,  may  be  used  in  dealing  with  registered  land  and  any  estate  or 
interest  therein.  But  an  indorsement,  duly  acknowledged,  upon  the 
duplicate  certificate  of  title,  substantially  in  the  following  form,  viz.: 

"  I, ,  grant  to the  real  property  described  in  this  certificate. 

Witness hand  —  and  seal  —  this day  of , ,"  shall  be 

sufficient  to  transfer  the  property  in  said  certificate  described. 

SECTION  47.    Name  and  address  to  be  indorsed  on  instrument,  and  notices  to  be 
sent  there. 

SEC.  47.  On  all  instruments  presented  to  the  Registrar  for  registra- 
tion shall  be  indorsed  the  name  and  address  of  the  person  so  presenting 
the  same,  and  all  notices  relating  to  the  land  therein  described  may  be 
served  on  such  person  at  such  address.  The  address  may  be  changed 
from  time  to  time  by  such  person  filing  with  the  Registrar  a  written 
notice  of  such  change. 

SECTION  48.     Instrument    affecting   registered   land   to   be    but    a    contract   until 
registered. 

SEC.  48.  A  deed,  mortgage,  lease,  or  other  instrument  purporting  to 
convey,  transfer,  mortgage,  lease,  charge,  or  otherwise  deal  with  registered 
land,  or  any  estate  or  interest  therein,  or  charge  upon  the  same,  other 
than  a  will  or  a  lease  not  exceeding  one  year  where  the  land  is  in  the 
actual  possession  of  the  lessee  or  his  assigns,  shall  take  effect  only  by 
way  of  contract  between  the  parties  thereto,  and  as  authority  to  the 
Registrar  to  register  the  transfer,  mortgage,  lease,  charge,  or  other  deal- 
ing upon  compliance  with  the  terms  of  this  Act.  On  the  filing  of  such 
instrument  the  land,  estate,  interest,  or  charge  shall  become  transferred, 
mortgaged,  leased,  charged,  or  dealt  with  according  to  the  purport  and 
terms  of  the  deed,  mortgage,  lease,  or  other  instrument.  The  Registrar 
shall  immediately,  upon  the  filing  of  such  instrument,  stamp  or  write 
upon  the  original  and  duplicate  certificates  of  title  the  word  a  trans- 
ferred," "mortgaged,"  "leased,"  or  otherwise,  as  the  case  may  require, 
with  the  date  of  filing  such  instrument. 

SECTION  49.    Certificate  before  re-transfer,  etc.,  must  show  freedom  from  tax  sale 
and  homestead. 

SEC.  49.  No  transfer  of  title  to  land,  or  any  estate  or  interest  therein, 
or  mortgage,  shall  be  registered,  if  the  last  original  certificate  shows  that 
the  land  has  been  sold  for  any  tax  or  assessment  upon  which  a  deed 


16  REPORT    OF    TORRENS   LAND    COMMISSION. 

has  been  given,  and  that  the  title  is  outstanding,  or  upon  which  a  deed 
may  thereafter  be  given,  or  if  said  certificate  shows  that  the  estate  of 
homestead,  if  any,  has  not  been  released  or  extinguished,  unless  the 
transfer  or  mortgage  is  intended  to  be  subject  to  such  tax  sale  or  home- 
stead estate,  in  which  case  it  shall  be  so  stated  in  the  certificate  of  title. 

SECTION  50.    Certificate  to  state  marriage  or  representative  capacity,  if  any. 

SEC.  50.  Every  certificate  of  title  to  land  shall  state  whether  the  trans- 
feree (except  when  the  latter  is  a  corporation,  executor,  administrator, 
or  assignee)  is  married  or  not  married,  and  if  married,  the  name  of  the 
husband  or  wife.  If  the  transferee  be  an  executor  or  administrator,  the 
certificate  shall  give  the  name  of  the  deceased  testator  or  intestate,  and 
if  the  transferee  be  an  assignee,  the  name  of  the  insolvent.  The  trans- 
feree shall  furnish  the  Registrar  the  necessary  information  before  he  shall 
be  entitled  to  have  the  land  transferred  to  him  on  the  register. 

SECTION  51.    Order  of  Court   necessary  for  sale  of  land  of  insolvent  and  probate 
estates;  confirmation  and  issuance  of  certificates  thereof. 

SEC.  51.  Executors,  administrators,  and  assignees  in  insolvency  shall 
have  no  power  of  sale  of  lands  registered  in  their  names  as  such,  without 
an  order  of  Court  obtained  for  that  purpose.  Before  any  certificate  can 
be  issued  to  the  purchaser,  such  sales  shall  be  reported  for  confirmation 
to  the  Court  under  whose  authority  such  executor,  administrator,  or 
assignee  is  acting,  and  if  confirmed  a  duly  certified  copy  of  the  order  of 
confirmation  shall  be  filed  in  the  office  of  the  Registrar,  and  a  memorial 
thereof  entered  upon  the  certificate  of  title.  Upon  the  filing  of  the  cer- 
tified copy  of  such  order  of  confirmation  and  the  entry  of  such  memorial, 
the  Registrar  shall  issue  a  certificate  to  the  purchaser  at  such  sale,  which 
certificate,  in  addition  to  the  usual  contents  thereof,  shall  refer  to  the 
said  order  of  confirmation.  Such  order  of  confirmation  shall  'be  conclu- 
sive evidence  that  the  sale  was  in  all  respects  conducted  in  accordance 
with  law,  and  the  purchaser  shall  not  be  bound  to  inquire  into  the  regu- 
larity of  the  proceeding,  or  power  of  the  executor  or  administrator  to 
make  such  sale. 

SECTION  52.    Power  of  sale  of  executor  to  be  noted. 

SEC.  52.  If  a  testator,  by  his  will,  has  provided  that  the  executor 
thereof  shall  have  a  power  of  sale  of  real  estate,  the  Court  shall  direct 
the  Registrar  to  register  the  words  "  with  power  of  sale,"  in  respect  of 
the  land  of  the  deceased. 

MORTGAGES,    LEASES,    AND    OTHER   CHARGES. 

SECTION  53.    Incumbrance  on  registered  land  must  be  registered. 

SEC.  53.  Every  mortgage,  lease,  contract  to  sell,  or  other  instrument 
intended  to  create  a  lien,  incumbrance,  or  charge  upon  registered  land, 
or  any  interest  therein,  shall  be  deemed  to  be  a  charge  thereon,  and 
must  be  registered  as  hereinafter  provided. 

SECTION  54.    Incumbrance  created  on  filing  of  charge. 

SEC.  54.  On  the  filing  of  the  instrument  intended  to  create  the 
charge  in  the  Registrar's  office,  and  the  production  of  the  duplicate  cer- 
tificate of  title,  and  it  appearing  from  the  original  certificate  of  title 
that  the  person  intending  to  create  the  charge  has  the  title  and  right  to 


REPORT   OF    TORRENS    LAND    COMMISSION.  17 

create  such  charge,  and  the  person  in  whose  favor  the  same  is  sought 
to  be  created  being  entitled  by  the  terms  of  this  Act  to  have  the  same 
registered,  the  Registrar  shall  enter  upon  the  proper  folium  of  the  reg- 
ister, and  also  upon  the  duplicate  certificate,  a  memorial  of  the  purport 
thereof,  and  the  date  of  filing  the  instrument,  with  a  reference  thereto, 
by  its  file  number,  which  memorial  shall  be  signed  by  the  Registrar. 
The  Registrar  shall  also  note  upon  the  instrument  on  file  the  volume 
and  folium  of  the  register  where  the  memorial  is  entered. 

SECTION  55.    Trust  deed  to  be  treated  as  a  mortgage. 

SEC.  55.  A  trust  deed  in  the  nature  of  a  mortgage  shall  be  deemed 
to  be  a  mortgage,  and  be  subject  to  the  same  rules  as  a  mortgage. 

SECTION  56.    If  instrument  charging  land  be  in  duplicate   or  more  parts,  but  one 
need  be  filed. 

SEC.  56.  When  any  mortgage,  lease,  or  other  instrument,  creating  or 
dealing  with  a  charge  upon  registered  land  or  any  estate  or  interest 
therein,  is  in  duplicate,  triplicate,  or  more  parts,  only  one  of  the  parts 
need  be  filed  and  kept  in  the  Registrar's  office;  but  the  Registrar  shall 
note  upon  the  register  whether  the  same  is  in  duplicate,  triplicate,  or 
as  the  case  may  be,  and  shall  also  mark  upon  the  others  "  mortgagee's 
duplicate,"  " lessor's  duplicate,"  "lessee's  duplicate,"  or  as  the  case 
may  be,  and  note  upon  the  same  the  date  of  filing  and  the  volume  and 
folium  of  the  register  where'  the  memorial  is  entered,  and  deliver  them 
to  the  parties  entitled  thereto. 

SECTION  57.    Certified  copies  identified  as  such  may  be  issued. 

SEC.  57.  When  an  instrument  is  not  executed  in  a  sufficient  number 
of  parts  for  the  convenience  of  the  parties,  the  Registrar  may  make  and 
deliver  to  each  of  the  parties  entitled  thereto  certified  copies  of  the 
instrument  filed  in  his  office,  with  the  indorsements  thereon,  marking 
the  same  "  mortgagee's  certified  copy,"  l"  lessor's  certified  copy,"  or  as 
the  case  may  be,  and  shall  note  upon  the  register  the  fact  of  issuing 
such  copies.  Such  certified  copies  shall  have  the  same  force  and  effect 
and  be  treated  as  duplicates. 

SECTION  58.    Assignment  of  charge  by  filing  and  noting  of  same  by  memorial. 

SEC.  58.  The  holder  of  any  charge  upon  registered  land,  desiring  to 
transfer  the  same  or  any  part  thereof,  may  execute  an  assignment  of 
the  whole  or  any  part  thereof,  and  upon  such  assignment  being  filed  in 
the  office  of  the  Registrar,  and  the  production  of  the  duplicate  or  certi- 
fied copy  of  the  instrument  creating  the  charge  held  by  the  assignor, 
the  Registrar  shall  enter  in  the  register,  opposite  the  charge,  a  memorial 
of  such  transfer,  with  a  reference  to  the  assignment  by  its  file  number; 
he  shall  also  note  upon  the  instrument  on  file  in  his  office  intended  to 
be  transferred,  and  upon  the  duplicate  or  certified  copy  thereof  produced, 
the  volume  and  folium  where  the  memorial  is  entered,  with  the  date  of 
the  entry.  The  transferee  shall  be  entitled  to  have  a  certified  copy  of 
the  instrument  of  transfer,  with  the  indorsement  thereon,  and  in  case  of 
the  transfer  of  the  entire  charge,  the  duplicate  or  certified  copy  of  the 
instrument  creating  the  charge. 

2-TLC 


18  REPORT    OF    TORRENS    LAND    COMMISSION. 

SECTION  59.    Release  of  part  or  whole  of  charge  to  be  noted  as  an  assignment. 

SEC.  59.  A  release,  discharge,  or  surrender  of  a  charge,  or  any  part 
thereof,  or  of  any  part  of  the  land  charged,  may  be  effected  in  the  same 
way  as  above  provided  in  the  case  of  a  transfer.  In  case  only  a  part  of 
the  charge  or  of  the  land  is  intended  to  be  released,  discharged,  or  sur- 
rendered, the  entry  shall  be  made  accordingly;  but  when  the  whole  is 
released,  discharged,  or  surrendered  at  the  same  or  several  times,  the 
Registrar  shall  stamp  across  the  instrument  on  file,  and  the  memorial 
thereof,  and  the  duplicate  or  certified  copy  produced,  the  word  "  can- 
celled." 

SECTION  60.    Charges  to  be  enforced  as  at  present,  except  as  herein   provided  and 
except  that  notice  of  lis  pendens  must  be  filed  with  Registrar. 

SEC.  60.  All  charges  upon  registered  land,  or  any  estate  or  interest 
in  the  same,  may  be  enforced  as  now  allowed  by  law,  and  all  laws  with 
reference  to  the  foreclosure  and  release  or  satisfaction  of  mortgages  shall 
apply  to  mortgages  upon  registered  land,  or  any  estate  or  interest  therein, 
except  as  herein  otherwise  provided,  and  except  that  until  notice  of  the 
pendency  of  any  suit  to  enforce  or  foreclose  such  charge  is  filed  in  the 
Registrar's  office,  and  a  memorial  thereof  entered  on  the  register,  the 
pendency  of  such  suit  shall  not  be  notice  to  the  Registrar,  or  any  person 
dealing  with  the  land  or  any  charge  thereon. 

ATTORNEYS    IN   FACT. 

SECTION  61.    Attorney  in  fact  to  deal  with  registered  land  must  file  his  power. 

SEC.  61.  Before  any  person  can  convey,  charge,  or  otherwise  deal 
with  registered  land,  or  any  estate  or  interest  therein,  as  attorney  in 
fact  for  another,  the  deed  or  instrument  empowering  him  so  to  act  shall 
be  filed  with  the  Registrar,  and  a  memorial  thereof  entered  upon  the 
original  and  duplicate  certificates.  If  the  attorney  shall  so  desire,  the 
Registrar  shall  deliver  to  him  a  certified  copy  of  the  power  of  attorney, 
with  the  indorsements  thereon.  Revocation  of  a  power  may  be  regis- 
tered in  like  manner. 

TRUSTS,    CONDITIONS,    AND    LIMITATIONS. 

SECTION  62.    Trusts,  etc.,  to  be  noted  without  any  of  the  particulars. 

SEC.  62.  Whenever  a  deed  or  other  instrument  is  filed  in  the  Regis- 
trar's office  for  the  purpose  of  effecting  a  transfer  of,  or  charge  upon, 
registered  lands,  or  any  estate  or  interest  therein,  and  it  appears  from 
such  instrument  that  the  transfer1  or  charge  is  to  be  in  trust,  or  upon 
any  condition  or  limitation  therein  expressed,  the  Registrar  shall  note  in 
the  certificate,  and  the  duplicate  thereof,  or  memorial,  the  words  "in 
trust,"  or  "  upon  condition,"  or  "  with  limitations,"  as  the  case  may  be, 
but  no  entry  shall  be  made  of  the  particulars  of  any  such  trust,  condi- 
tions, or  limitations. 

SECTION  63.    Every  trustee,  unless  express  limitation,  shall  have  power  of  sale. 

SEC.  63.  The  trustee  or  transferee  in  any  such  instrument  named,  if 
the  instrument  contains  the  words  "with  power  of  sale,"  shall  have 
power  to  deal  with  the  land  as  the  owner  thereof;  and  a  bona  fide  pur- 
chaser, mortgagee,  or  lessee  is  not  bound  to  inquire  into  or  determine 
whether  or  not  the  acts  of  such  trustee  are  in  accordance  with  the  terms 


REPORT    OF    TORRENS   LAND    COMMISSION.  19 

and  conditions  of  the  trust.  When  such  power  is  conferred  the  Regis- 
trar shall  note  upon  the  certificate  and  duplicate  thereof  the  words 
"  with  power  of  sale." 

SECTION  64.  No  trustee,  with  limitation,  shall  sell  without  order  of  Court  to  sell. 
SEC.  64.  If,  however,  such  instrument  does  not  contain  the  words 
"  with  power  of  sale,"  such  trustee  shall  have  no  power  to  sell  or  other- 
wise deal  with  the  land  without  an  order  of  Court  so  to  do,  duly  given 
and  made,  a  certified  copy  of  which  said  order  shall  be  filed  with  the 
Registrar  and  a  memorial  thereof  entered  upon  the  certificate  of  title, 
and  shall  be  conclusive  evidence  as  against  all  persons  that  the 
authority  of  such  trustee  was  duly  executed  in  accordance  with  the 
true  intent  and  meaning  of  the  trust,  condition,  or  limitation. 

SECTION  65.    Trustee  under  will  shall  have  power  to  sell  unless  it  be  withheld. 

SEC.  65.  A  trustee  under  any  will  admitted  to  probate,  unless  such 
power  shall  have  been  expressly  withheld  by  the  terms  of  such  will, 
shall  have  power  to  deal  with  any  registered  land  held  by  him  in  trust 
as  fully  in  every  respect  as  if  such  lands  belonged  to  him  individually. 

ESTATES    IN    PROBATE,    IN    INSOLVENCY,    AND    IN    EQUITY    PROCEEDINGS. 

SECTION  66.    Existing  statutes  governing  probate,  insolvency,  and  equity  proceed- 
ings, not  affected. 

SEC.  66.  The  distribution,  transfer,  leasing,  mortgaging,  or  other 
change  in  the  status  of  the  title  of  registered  land  that  is  within  the 
jurisdiction  of  any  Court  by  reason  of  the  pendency  of  probate,  insol- 
vency, or  equity  proceedings,  shall  be  made  under  the  same  conditions 
and  limitations  as  now  provided  by  the  law  of  this  State. 

SECTION  67.    Orders  of  sale,  decrees  of  distribution,  etc.,  to  contain  direction  to 
Registrar. 

SEC.  67.  The  Court  in  its  order  or  decree  making  such  distribution, 
transfer,  leasing,  mortgaging,  or  other  change  in  the  status  of  the  title 
of  registered  land,  shall  direct  the  Registrar  to  issue  a  certificate  of 
title,  or  to  note  a  memorial  of  the  transaction,  as  the  case  may  require, 
in  accordance  with  such  order  or  decree. 

SECTION  68.    Certified  copy  of  order,  decree,  deed,  and  confirmation  to  be  filed  with 
Registrar. 

SEC.  68.  The  executor,  administrator,  assignee,  receiver,  or  other  per- 
son acting  under  the  direction  of  said  Court,  shall  file  with  the  Registrar  a 
certified  copy  of  such  order  or  decree,  also  the  deed,  lease,  mortgage,  or 
other  instrument  executed  in  accordance  with  such  order  or  decree,  and 
also  a  certified  copy  of  the  order  or  decree  confirming  such  sale,  lease, 
mortgage,  or  other  transaction,  when  such  confirmation  is  required  by 
law. 

SECTION  69.  Registrar  to  issue  certificate  or  note  memorial,  such  to  be  conclusive. 
SEC.  69.  Thereupon  the  Registrar  shall  issue  the  certificate  of  title,  or 
note  the  memorial,  as  the  case  may  require;  and  such  certificate  of  title 
or  memorial  noted  shall  be  conclusive  evidence  in  favor  of  all  persons 
thereafter  dealing  with  said  land. 


20  REPORT    OF   TORRENS    LAND    COMMISSION. 

TAX    SALES. 

SECTION  70.    Notice  of  purchase  to  be  filed  and  mailed. 

SEC.  70.  A  purchaser  of  registered  land  sold  for  any  tax  or  assess- 
ment, shall,  within  one  day  after  such  purchase,  file  in  the  office  of  the 
Registrar  a  written  notice  of  such  purchase.  And  thereupon  th,e  Regis- 
trar shall  enter  a  memorial  thereof  upon  the  certificate  of  title,  and 
shall  mail  to  each  person  named  in  the  certificate,  or  in  the  memorials 
thereon,  a  copy  of  said  notice,  a  sufficient  number  of  said  copies  to  be 
furnished  to  the  Registrar  by  said  purchaser  at  the  time  of  filing  said 
notice.  In  case  the  State  or  a  municipal  corporation  becomes  the  pur- 
chaser of  land  sold  for  any  tax  or  assessment,  the  Tax  Collector  shall, 
within  one  day  thereafter,  file  with  the  Registrar  a  notice  to  that  effect. 
And  thereupon  the  Registrar  shall  enter  a  memorial  thereof  upon  the 
register,  and  shall  mail  notices  to  interested  parties,  as  in  the  case  of  an 
individual  purchaser. 

SECTION  71.    Sale  void  unless  presentation  of  certificate  within  three  months  made 
and  notice  given. 

SEC.  71.  The  holder  of  any  certificate  of  sale  of  registered  land  or 
any  estate  or  interest  therein,  for  any  tax,  assessment,  or  imposition, 
shall,  within  three  months  after  date  of  sale,  present  the  same  to  the 
Registrar,  who  shall  thereupon  enter  on  the  register  of  the  land  a 
memorial  thereof,  stating  the  day  of  sale  and  the  date  of  presentation, 
and  shall  also  note  upon  the  certificate  of  sale  the  date  of  presentation 
and  the  book  and  page  of  the  register  where  the  memorial  is  entered. 
The  holder  of  such  certificate  shall  also,  within  the  same  time,  mail  to 
each  of  the  persons  who  appear  by  the  register  to  have  any  interest  in 
the  land  a  notice  of  the  registration  of  such  certificate.  Unless  such 
certificate  is  presented  and  registered  and  notice  given  as  herein  pro- 
vided, within  the  time  above  mentioned,  the  land  shall  be  forever 
released  from  the  effect  of  such  sale,  and  no  deed  shall  be  issued  in  pur- 
suance of  such  certificate.  When  it  shall  appear  by  the  affidavit  of  the 
holder  of  the  certificate  filed  with  the  Registrar  that  the  place  of 
residence  of  any  person  interested  in  the  land  cannot,  upon  diligent 
inquiry,  be  ascertained,  the  requirement  of  this  section  as  to  the  mailing 
of  notice  shall  not  apply  to  such  person. 

SECTION  72.    Tax  deed  already  issued  must  be  registered. 

SEC.  72.  A  tax  deed  of  registered  land,  or  of  any  estate  or  interest 
therein,  issued  in  pursuance  of  any  sale  for  tax  or  assessment  made  after 
the  taking  effect  of  this  Act,  may  be  presented  by  the  holder  thereof  to 
the  Registrar,  who  shall  thereupon  enter  upon  the  register  a  memorial 
of  such  deed;  but  such  deed  shall  have  only  the  effect  of  an  agreement 
for  the  transfer  of  the  title,  and  no  certificate  of  title  shall  be  issued 
thereon  unless  the  deed  is  so  filed  within  thirty  days  of  its  date,  nor 
unless  it  shall  appear  to  the  Registrar  that  all  persons  appearing  upon 
the  register  to  be  interested  in  the  land,  and  also  the  person  who  appears, 
by  the  Tax  Collector's  books,  to  have  paid  the  tax  last  paid  before  the 
sale  on  which  the  deed  is  issued,  have  had  thirty  days'  notice  of  the 
filing  of  such  deed  and  the  application  for  such  certificate  of  title,  and 
that  the  terms  of  this  Act  have  been  complied  with. 


REPORT    OF    TORRENS    LAND    COMMISSION.  21 

SECTION  73.    Notice  to  be  personal  or  by  mail  and  publication. 

SEC.  73.  The  notice  required  in  the  above  section  shall  be  given  upon 
all  persons  residing  in  the  State  by  personal  service,  and  upon  all  persons 
living  out  of  the  State  by  mail  and  by  publication.  If  such  personal  service 
be  made  by  a  Sheriff  or  Constable,  his  certificate,  and  if  by  any  other 
person,  his  affidavit,  shall  be  sufficient  proof  thereof.  In  case  the  place 
of  residence  of  any  person  is  not  known  to  the  Registrar  or  the  holder  of 
such  deed,  notice  shall  be  given  by  publication  in  a  newspaper  of  gen- 
eral circulation  in  the  county  in  which  the  land  is  situated,  at  least  once 
a  week  for  four  consecutive  weeks.  Proof  of  such-  publication  must  be 
made  in  the  manner  now  or  hereafter  required  by  the  laws  of  this  State. 

SECTION  74.    Decree  of  Court  necessary  if  objection  filed. 

SEC.  74.  Any  person  so  notified  may  file  with  the  Registrar  his  written 
objection  to  the  issuance  of  such  certificate,  a  memorial  of  which  shall 
be  entered  upon  the  register.  In  such  case  no  certificate  of  title  shall 
be  issued  to  the  holder  of  such  tax  deed  unless  he  presents  to  the  Registrar 
a  certified  copy  of  the  decree  of  a  Court  of  competent  jurisdiction,  quieting 
the  title  to  said  lands  in  him.  Upon  the  presentation  of  such  certified 
copy,  or  in  case  no  objection  is  filed  within  thirty  days  after  personal  serv- 
ice of  the  required  notice,  or  within  thirty  days  after  completion  of  the 
publication  of  such  notice,  the  Registrar  shall  cancel  the  certificate  for 
such  land,  and  issue  a  new  certificate  to  the  holder  of  such  deed. 

SECTION  75.    On  redemption,  memorial  to  be  cancelled. 

SEC.  75.  Upon  presentation  to  him  of  a  certificate  of  redemption 
from  any  tax  sale,  the  Registrar  shall  cancel  the  memorial  of  said  sale 
upon  the  certificate  of  title. 

LIS    PENDENS;    NOTICE    OF    ACTION. 

SECTION  76.    Notice  to  affect  registered  land  must  be  filed  with  Registrar. 

SEC.  76.  No  suit,  bill,  or  proceeding  at  law  or  in  equity  for  any  pur- 
pose whatever,  affecting  registered  land,  or  any  estate  or  interest  therein, 
or  any  charge  upon  the  same,  shall  be  deemed  to  be  Us  pendens  or  notice 
to  any  person  dealing  with  the  same  until  notice  of  the  pendency  of  such 
suit,  bill,  or  proceeding  shall  be  filed  with  the  Registrar  and  a  memorial 
thereof  entered  by  him  upon  the  register  of  the  last  certificate  of  the  title 
to  be  affected;  provided,  however,  this  section  shall  not  apply  to  attach- 
ment .proceedings  when  the  officer  making  the  levy  shall  file  his  cer- 
tificate as  hereinafter  provided. 

SECTION  77.    Certified  copy  of  judgment  or  decree  must  be  filed. 

SEC.  77.  No  judgment,  or  decree,  or  order  of  any  Court  shall  be  a  lien 
on  or  in  anywise  affect  registered  land,  or  any  estate  or  interest  therein, 
until  a  certified  copy  of  such  judgment,  decree,  or  order,  under  the  hand 
and  official  seal  of  the  Clerk  of  the  Court  in  which  the  same  is  of  record, 
is  filed  in  the  office  of  the  Registrar,  and  a  memorial  of  the  same  is 
entered  upon  the  register  of  the  last  certificate  of  the  title  to  be  affected. 


22  REPORT    OP    TORRENS    LAND    COMMISSION. 

LIENS,    EXECUTIONS,    ATTACHMENTS,    ETC. 

SECTION  78.    Certificate  of  levy  of  attachment,  or  execution,  must  be  filed. 

SEC.  78.  Whenever  registered  land  is  levied  upon  by  virtue  of  any 
writ  of  attachment,  execution,  or  other  process,  it  shall  be  the  duty  of 
the  officer  making  such  levy  to  file  with  the  Registrar  a  certificate  of  the 
fact  of  such  levy,  a  memorial  of  which  shall  be  entered  upon  the  register; 
and  no  lien  shall  arise  by  reason  of  such  levy  until  the  filing  of  such 
certificate  and  the  entry  in  the  register  of  such  memorial,  any  notice 
thereof,  actual  or  constructive,  to  the  contrary  notwithstanding. 

SECTION  79.    Notice  of  mechanics'  liens  must  be  filed. 

SEC.  79.  Notice  of  liens  under  the  provisions  of  the  mechanics'  lien 
laws  of  this  State  shall  be  filed  in  the  Registrar's  office,  and  a  memorial 
thereof  entered  by  him  upon  the  register,  as  in  the  case  of  other  charges, 
and  such  liens  may  be  enforced  as  now  or  hereafter  allowed  by  law. 
Until  such  notice  is  so  filed  and  registered  no  lien  shall  be  deemed  to 
have  been  created. 

SECTION  80.    Notice  of  assessments  for  street  improvements,  sewers,  etc.,  must  be 
filed  by  Clerk. 

SEC.  80.  When  in  a  city,  town,  or  county,  an  ordinance,  resolution,  or 
order  is  passed  or  made,  to  lay  out,  establish,  alter,  widen,  grade,  regrade, 
relocate,  or  construct  or  repair  a  street,  sidewalk,  drain,  or  sewer,  or  to 
make  any  other  public  improvement,  or  to  do  any  work,  the  whole  or 
a  portion  of  the  expense  for  which  assessments  may  be  made  upon  real 
estate,  if  any  registered  land  or  any  land  included  in  an  application  for 
registration  then  pending  is  affected  by  the  Act  or  proceeding  and  liable 
to  such  assessment,  the  Clerk  of  the  Board  passing  such  ordinance,  reso- 
lution, or  order  shall,  within  five  days  after  the  passage  of  such  ordinance, 
resolution,  or  order,  file  in  the  Registrar's  office  a  notice  of  the  passage 
thereof,  and  a  memorial  shall  thereupon  be  noted  on  the  register.  In 
case  of  the  repeal  of  such  ordinance,  resolution,  or  order,  the  Clerk  of 
said  Board,  and  in  case  of  the  satisfaction  of  any  lien  thereunder,  the 
Superintendent  of  Streets  or  other  officer  required  by  law  to  collect  and 
receive  such  assessments,  shall,  within  five  days  thereafter,  notify  the 
Registrar,  who  shall  thereupon  cancel  such  memorial. 

SECTION  81.    No  notice  necessary  in  case  of  lien  for  labor  performed  for  corporation 

not  complying  with  law. 

SEC.  81.  No  statutory  or  other  lien  shall  be  deemed  to  affect  the 
title  to  registered  land  until  after  a  memorial  thereof  is  entered  upon 
the  register,  as  herein  provided,  except  in  cases  of  liens  for  labor  per- 
formed for  a  corporation,  as  provided  in  the  Act  of  the  Legislature  of 
the  State  of  California,  approved  March  thirty-first,  eighteen  hundred 
and  ninety-one. 

SECTION  82.    Clerk  of  Court  may  file  certificate  of  dismissal  of  suit  or  satisfaction 

of  judgment. 

SEC.  82.  The  certificate  of  the  Clerk  of  the  Court  in  which  any  suit, 
bill,  or  proceeding  shall  have  been  pending,  or  any  judgment  or  decree 
is  of  record,  that  such  suit,  bill,  or  proceeding  has  been  dismissed  or 
otherwise  disposed  of,  or  the  judgment,  decree,  or  order  has  been  satis- 
fied, released,  reversed,  or  overruled,  or  of  any  Sheriff'  or  other  officer 


REPORT  OF  TORRENS  LAND  COMMISSION.  23 

that  the  levy  of  any  execution,  attachment,  or  other  process  certified  by 
him  has  been  released,  discharged,  or  otherwise  disposed  of,  being  filed 
in  the  Registrar's  office  and  noted  upon  the  register,  shall  be  sufficient 
to  authorize  the  Registrar  to  cancel  or  otherwise  treat  the  memorial  of 
such  suit,  bill,  proceeding,  judgment,  decree,  or  levy,  according  to'  the 
purport  of  such  certificate. 

CORRECTIONS  OP  ERRORS  IN  CERTIFICATE. 

SECTION  83.    Registrar  may  apply  to  Court  for  correction  of  errors  or  mistakes  in 
certificate. 

SEC.  83.  Whenever  it  appears  to  the  Registrar  that  there  is  an  error 
or  omission  in  any  certificate  or  memorial,  or  that  any  certificate  or 
memorial  has  been  made,  entered,  indorsed,  issued,  or  cancelled  by  mis- 
take, he  may  apply  to  the  Court  for  an  order  summoning  all  persons 
registered  as  interested  in  the  lands  to  which  such  certificate  or  memorial 
relates,  to  appear  at  an  appointed  time  and  place  and  produce  their 
duplicate  certificates  and  show  cause  why  such  omission  or  mistake 
should  not  be  corrected,  and  shall  thereupon  enter  a  memorial  of  such 
application  on  the  register. 

SECTION  84.  If  all  parties  consent,  Court  may  order  correction  of  errors  or  mistakes. 
SEC.  84.  If  at  the  time  and  place  appointed  all  such  persons  appear 
and  consent,  the  Court  may  order  and  direct  the  Registrar  to  correct 
any  such  error,  omission,  or  mistake  on  the  register  and  on  any  dupli- 
cate certificate,  and  may  direct  the  cancellation  of  any  certificate  or 
memorial  entered  by  mistake. 

SECTION  85.    If  all  parties  do  not  consent,  Court  may  hear  testimony  as  to  alleged 
error  or  mistake. 

SEC.  85.  If  such  persons,  or  any  of  them,  fail  to  appear,  or  do  not 
consent,  the  Court  may  proceed  to  hear  testimony  as  to  such  alleged 
error,  omission,  or  mistake,  and  if  it  appear  to  the  satisfaction  of  the 
Court  that  an  error,  omission,  or  mistake  has  been  made,  he  shall  order 
and  direct  the  Registrar  to  correct  the  same  and  to  cancel  or  modify 
such  certificates  or  memorials  as  may  be  necessary  to  correct  such  error 
or  mistake.  When  such  error  or  mistake  has  been  caused  by  the  fault 
or  neglect  of  the  Registrar,  the  costs  of  such  proceedings  shall  be  paid 
by  the  State;  if  by  the  fault  of  any  person  registered  as  interested  in 
such  land,  by  such  person.  A  certified  copy  of  the  order  of  Court, 
directing  the  correction  of  any  error,  omission,  or  mistake  in  respect  to 
any  certificate  or  memorial,  shall  be  filed  in  the  Registrar's  office  before 
such  correction  shall  be  entered  or  made. 

EMINENT   DOMAIN. 

SECTION  86.    Right  of  eminent  domain  not  affected. 

SEC.  86.  Nothing  in  this  Act  thai]  be  construed  to  in  anywise  affect 
or  modify  the  exercise  of  the  right  of  eminent  domain.  When  any 
suit  or  proceeding  shall  have  been  brought  in  the  exercise  of  such  right 
for  the  taking  of  registered  land,  or  any  interest  therein,  or  to  test  the 
validity  of  any  such  taking,  or  to  ascertain  and  establish  the  amount  of 
damage  by  reason  of  any  such  taking,  it  shall  be  the  duty  of  both  parties 
to  the  proceeding  to  see  that  a  certified  copy  of  the  judgment  or  decree 


24  REPORT    OF    TORRENS    LAND    COMMISSION. 

therein  is  duly  filed  and  a  memorial  thereof  entered  upon  the  register; 
but  in  the  case  of  the  assessment  of  damages,  no  such  memorial  shall  be 
entered  by  the  Registrar  until  such  damages  have  been  paid,  in  which 
event  the  register  shall  also  show  the  payment  of  such  damages;  pro- 
vided, however,  that  the  deposit  with  the  Treasurer,  as  allowed  by  law, 
of  such  damages,  shall  be  deemed  a  payment  thereof,  and  in  such  case 
the  Treasurer  shall  forthwith  file  with  the  Registrar  a  certificate  of  such 
deposit,  and  thereupon  a  memorial  thereof  shall  be  entered  upon  the 
register. 

INDICES. 

SECTION  87.    Property  indices  to  be  kept. 

SEC.  87.  The  Registrar  shall  keep  property  indices,  the  pages  of 
which  shall  be  divided  into  columns,  showing  first,  the  section  or  sub- 
division; second,  the  range  or  block;  third,  the  township  or  lot;  fourth, 
any  further  description  necessary  to  identify  the  land;  fifth,  the  name 
of  the  registered  owner;  sixth,  the  volume;  arid  seventh,  the  page  of  the 
register  in  which  the  lands  are  registered. 

SECTION  88.    Name  indices  to  be  kept. 

SEC.  88.  He  shall  also  keep  name  indices,  the  pages  of  which  shall 
be  divided  into  columns,  showing  in  alphabetical  order,  first,  the  names 
of  all  registered  owners  and  all  other  persons  interested  in  or  holding 
charges  upon  registered  land;  second,  the  nature  of  the  interest;  third, 
a  brief  description  of  the  land;  fourth,  the  volume;  and  fifth,  the  page 
of  the  register  in  which  the  lands  are  registered. 

MISCELLANEOUS    PROVISIONS. 

SECTION  89.    Registered  lands  may  be  partitioned. 

SEC.  89.  An  owner  of  an  undivided  interest  in  registered  lands  may 
bring  an  action  for  the  partition  thereof.  A  notice  of  such  action  shall, 
at  the  time  of  the  commencement  thereof,  be  filed  with  the  Registrar  and 
a  memorial  entered  by  him  upon  the  register.  A  certified  copy  of  any 
judgment  or  decree  rendered  in  pursuance  of  such  action  shall  be  filed 
with  the  Registrar,  who  shall  thereupon  issue  new  certificates  in  accord- 
ance therewith. 

SECTION  90.    Registration  of  adverse  lien  not  conclusive  of  regularity  of  proceed- 
ings or  instruments  by  which  created. 

SEC.  90.  Whenever,  under  the  provisions  of  this  Act,  any  interest  in, 
or  lien,  incumbrance,  or  charge  upon  registered  land,  arises  adversely 
to  the  registered  owner  without  voluntary  action  by  him,  and  not  in 
pursuance  of  a  judgment  or  decree  of  Court,  such  registration  shall  not 
be  conclusive  of  the  regularity  of  any  proceedings  or  instruments  by 
means  of  which  such  interest,  lien,  incumbrance,  or  charge  arose,  or  the 
validity  of  the  same,  and  shall  have  no  greater  force  and  effect  than 
would  the  recording,  in  case  the  land  were  not  registered,  of  an  instru- 
ment creating  a  similar  interest,  lien,  incumbrance,  or  charge. 

SECTION  91.    In  case  of  fraud,  rights  and  remedies  the  same  as  if  land  not  under 
this  Act. 

SEC.  91.  In  the  case  of  fraud,  any  person  defrauded  shall  have  all 
rights  and  remedies  that  he  would  hav£  had  if  the  lands  were  not  under 
the  provisions  of  this  Act;  provided,  that  nothing  contained  in  this  sec- 


REPORT   OF   TORRENS    LAND   COMMISSION'!  25 

tion  shall  affect  the  title  of  a  registered  owner  who  has  taken  bona  fide 
for  a  valuable  consideration,  or  of  any  person  bona  fide  claiming  through 
or  under  him. 

SECTION  92.    Clerk  of  Court  shall  notify  Registrar  of  appeal. 

SEC.  92.  In  case  of  an  appeal  from  any  proceeding  under  this  Act,  or 
from  any  judgment,  order,  or  decree  affecting  registered  lands,  the  Clerk 
of  the  Court  in  which  the  notice  of  appeal  is  filed  shall  notify  the  Reg- 
istrar thereof,  and  thereupon  the  Registrar  shall  enter  upon  the  register 
a  memorial  of  such  appeal. 

SECTION  93.    All   fees   collected  by  Registrar  to  be   paid  to  County  Treasurer  and 
applied  to  expenses  of  administration  of  this  Act. 

SEC.  93.  All  fees  collected  by  the  Registrar  under  the  provisions  of 
this  Act  shall  be  paid  by  him  to  the  Treasurer  of  the  county,  and  shall 
be  applied  to  the  expenses  of  the  administration  of  this  Act.  Should 
there  be  a  surplus  in  any  year,  such  surplus  shall  be  carried  into  the 
general  fund,  and  be  subject  to  appropriation  for  any  purpose.  In 
case  such  fees  shall  not  amount  to  the  sum  required  for  the  administra- 
tion of  this  Act,  the  deficiency  shall  be  paid  from  any  funds  in  the 
treasury  not  otherwise  appropriated. 

PENALTIES. 

SECTION  94.    Fraudulent  procurement  of  certificate,  a  felony. 

SEC.  94.  Whoever  fraudulently  procures,  assists  in  fraudulently  pro- 
curing, or  is  privy  to  the  fraudulent  procurement  of  any  certificate  of 
title  or  other  instrument,  or  of  any  entry  in  the  register  or  other  book 
kept  in  the  Registrar's  office,  or  of  any  erasure  or  alteration  in  any  entry 
in  any  said  book,  or  in  any  instrument  authorized  by  this  Act,  or  know- 
ingly defrauds  or  is  privy  to  defrauding  any  person  by  means  of  a  false 
or  fraudulent  instrument,  certificate,  statement,  or  affidavit  affecting 
registered  land,  shall  be  guilty  of  a  felony  and  fined  not  exceeding  five 
thousand  dollars  and  imprisonment  not  exceeding  five  years,  or  either, 
or  both,  in  the  discretion  of  the  Court. 

SECTION  95.  Forgery  of  seal,  signature,  or  instrument  in  Registrar's  office,  a  felony. 
SEC.  95.  Whoever  (1 )  forges,  or  procures  to  be  forged,  or  assists  in  forg- 
ing the  seal  of  the  Registrar,  or  the  name,  signature,  or  handwriting  of 
any  officer  of  the  registry  office  in  cases  where  such  officer  is  expressly  or 
impliedly  authorized  to  affix  his  signature;  or  (2)  fraudulently  stamps, 
or  procures  to  be  stamped,  or  assists  in  stamping  any  document  with 
any  forged  seal  of  said  Registrar;  or  (3)  forges,  or  procures  to  be  forged, 
or  assists  in  forging  the  name,  signature,  or  handwriting  of  any  person 
whomsoever  to  any  instrument  which  is  expressly  or  impliedly  author- 
ized to  be  signed  by  such  person;  or  (4)  uses  any  document  upon  which 
any  impression,  or  part  of  the  impression,  of  any  seal  of  said  Registrar 
has  been  forged,  knowing  the  same  to  have  been  forged,  or  any  docu- 
ment, the  signature  to  which  has  been  forged,  knowing  the  same  to  have 
been  forged;  or  (5)  swears  falsely  concerning  any  matter  or  procedure 
made  and  done  in  pursuance  of  this  Act,  shall  be  guilty  of  a  felony  and 
imprisoned  not  exceeding  ten  years,  or  fined  not  exceeding  one  thou- 
sand dollars,  or  both  fined  and  imprisoned,  in  the  discretion  of  the  Court. 

3-TLC 


26  REPORT    OF    TOl'.RENS    LAND    COMMISSION. 

SECTION  96.    No  proceeding  or  conviction  under  this  Act  shall  affect  any  remedy  at 
law  or  in  equity. 

SEC.  96.  No  proceeding  or  conviction  for  any  act  hereby  declared  to 
be  a  misdemeanor  or  a  felony  shall  affect  any  remedy  which  any  person 
aggrieved  or  injured  by  such  act  may  be  entitled  to  at  law  or  in  equity 
against  the  person  who  has  committed  such  act,  or  against  his  estate. 

FEES. 

SECTION  97.    Fees  same  as  in  similar  cases  under  present  laws,  except  as  provided 
herein. 

SEC.  97.  First — The  fees,  in  respect  of  applications  and  proceedings 
under  them  prior  to  registration,  shall  be  the  same  as  in  actions  in  the 
Superior  Court. 

Second — There  shall  be  paid  to  the  Registrar: 
For  issuing  a  certificate  of  title,  including  one  duplicate  thereof. .   $1   50 

For  each  additional  duplicate .         50 

For  registering  each  transfer,  including  the  issue  and  registration 

of  the  new  certificate 1   50 

For  entry  of  each  memorial  on  the  register,  including  the  indorse- 
ment upon  the  duplicate  certificates • ..  _  1  00 

For  the  cancellation  of  each  certificate,  memorial,  or  charge 50 

For  each  certificate  showing  condition  of  register 1   50 

For  filing  any  instrument,  or  for  a  certified  copy  of  the  register, 
or  of  any  instrument  or  writing  on  file  in  his  office,  the  same 
fees  allowed  by  law  to  Recorders  for  like  services. 

CONSTRUCTION.    , 

SECTION  98.    Act  to  be  liberally  construed.    Construction  of  similar  legislation  else- 
where, not  adopted. 

SEC.  98.  This  Act  shall  be  construed  liberally  so  far  as  may  be  nec- 
essary for  the  purpose  of  effecting  its  general  intent,  but  does  not  adopt 
by  implication  the  construction  of  any  similar  legislation  of  other  juris- 
dictions which  this  Act  may  to  any  extent  have  followed. 

SECTION  99.    Act  to  take  effect  July  1,  1895. 

SEC.  99.  This  Act  shall  take  effect  and  be  in  force  from  and  after  the 
first  day  of  July,  eighteen  hundred  and  ninety-five. 


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